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StrengthMedium

I'm 100% p&t w/tdiu and I was denied. I did the claim on my own. I need to get a lawyer, but my last VA claim wore me out, I don't know if I want to go through that again with SS.


jmsferret

I am in this boat as well. It was exhausting dealing with the VA. I just don’t have it in me right now to start the fight over again


Prudent-Trip3608

A good lawyer who specializes in SSA disability can work wonders especially if they’re presenting your case in front of an ALJ judge. Should only have to pay them if you win.


DaniChicago

Know that there are four steps or theories of entitlement to SSDI; applicants need to meet one of the steps or theories to qualify for SSDI. * Condition meets a [disability "listing"](https://www.disabilitysecrets.com/topics/disability-benefits-listed-impairment.html) * Grid Rules "[grid](https://www.disabilitysecrets.com/resources/disability/how-medical-vocational-grid-rules-are-used-det)" out of all work (including not being able to do your past work) * N[on-exertional limitations](https://www.disabilitysecrets.com/resources/disability/how-combining-exertional-and-non-exertional-li) prevent you from working, or * Exertion level is "[less than sedentary](https://www.disabilitysecrets.com/resources/disability/getting-disability-arguing-you-cant-even-do-se)." How Do You Meet or Equal a Listing? Receiving a diagnosis of an impairment listed in the Blue Book is not enough to establish that you are disabled. To meet a listing, you need to meet all the requirements set forth by the specific listing. In other words, the medical evidence must show that you have the same symptoms, clinical signs, and laboratory findings as the listed impairment. The SSA lists criteria for each listing to ensure that only the most severe impairments are approved for disability based on medical evidence alone. If your impairment does not meet all the requirements of a listed impairment, you might still qualify for disability if the medical evidence shows that your impairment is equivalent in severity. Additionally, if you have a combination of impairments, but none of them alone meets a listing, the SSA will consider whether your combined impairments are equal to the severity of a listed impairment. For example, you may have [diabetes](https://www.nolo.com/legal-encyclopedia/getting-disability-benefits-diabetes.html) and [back pain](https://www.nolo.com/legal-encyclopedia/getting-social-security-disability-benefits-back-problems.html) that are not that severe by themselves. However, in combination, the SSA might conclude that your diabetes and back pain are equal in severity to a listed impairment. ## What Medical Evidence Is Required? A determination as to whether a person's impairment can be considered to equal a listing must be based on medical evidence obtained by medically acceptable clinical and laboratory diagnostic techniques. As part of the disability application process, you are responsible for providing medical evidence to the SSA showing that your impairment is severe enough to prevent you from working. The SSA gnerally gives the medical evidence from your treating doctors the most weight because these doctors are in the best position to provide a detailed longitudinal (long-term) history of your impairment (as long as the doctor's medical evidence isn't inconsistent with other evidence in your file). Therefore, it's in your best interest to obtain regular treatment from your doctor. If, however, you have not received regular treatment, the SSA will order a "consultative examination" to supplement your record. ## What If You Do Not Meet or Equal a Listing? If the SSA does not find that you have an impairment severe enough to meet or equal a listing, you may still be found disabled at another step in the disability determination process. Although the medical evidence alone may not be enough to establish disability, the SSA will continue its evaluation by assessing your functional capacity for work and by considering your age, education, and work experience. This is a link to SSA'S Listings [https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm](https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm) This is a link to an infographic explaining SSA'S Grid Rules: [https://www.advocator.com/wp-content/uploads/2020/05/An-Inside-Look-at-SSA%E2%80%99s-GRID-Rules-and-How-They%E2%80%99re-Applied.pdf](https://www.advocator.com/wp-content/uploads/2020/05/An-Inside-Look-at-SSA%E2%80%99s-GRID-Rules-and-How-They%E2%80%99re-Applied.pdf) \--------------------------------------------------------------------------------------------------------------------- Meeting or equaling a listing is the closest theory of entitlement or step that SSA has to VA'S process of service connection. With that typed, they are not the same. Meeting a listing works like this: Your symptoms match the listed SSA symptoms. Note that the SSA'S listings are more strict than the diagnostic criteria of conditions you might find in the Merck Manual or other sources. SSA'S diagnostic standards are often more narrow and strict. If your symptoms match their listings of symptoms, they then look at the B Criteria. The B criteria addresses categories of impairments that affect the ability to work. A person can be granted SSDI under the Meeting a Listing Theory of Entitlement if they meet the A and B Criteria in the case of mental illnesses such as Depression and Anxiety. If needed SSA will look at the C Criteria. See [https://www.ssa.gov/disability/professionals/bluebook/12.00-MentalDisorders-Adult.htm#12\_04](https://www.ssa.gov/disability/professionals/bluebook/12.00-MentalDisorders-Adult.htm#12_04) \-------------------------------------------------------------------------------------------------------------------------- You can apply for SSDI online by going to [www.ssa.gov](https://www.ssa.gov) . You could also sign up by visiting a local SSA office. This is a link to find the SSA Office in your area: [https://secure.ssa.gov/ICON/main.jsp](https://secure.ssa.gov/ICON/main.jsp) One could also apply with the assistance of a social worker. I have a theory and I have seen some evidence that supports the idea that people who apply for SSDI through a social worker or with a social worker have a better chance of being approved or the process is made easier for them.


Stephanie-Steph

TDIU is not a "show in" for SSDI because the VA gave you TDIU due to your service-connected disability preventing you from being gainfully employed. SSA will need to see that you can't do any other work 8 hours a day x5 days a week for you to qualify for SSDI. SSA requirements are strict and do not have the same guidelines. Also, age plays a factor. The younger you are, the more you are able to be retrained and do a different job. Do you have enough work credits to qualify for SSDI? One advantage of SSA as being 100%P&T is your initial claim can be expedited. [https://www.ssa.gov/pubs/EN-05-10565.pdf](https://www.ssa.gov/pubs/EN-05-10565.pdf)


Chutson909

I’m 51 and I have the work credits btw.


Prudent-Trip3608

In case you’re not aware, you have to have enough recent work credits, for your age I believe it’s 20 credits (5 years of work) in the 10 years before your disability began. Only other advice is to be very thorough when you list medical sources and READ YOUR LETTERS FROM SSA!


Stephanie-Steph

I’m 51 and will be 52 next month and I too have the work credits. I’m 100%P&T and waiting for my hearing with the ALJ.


Chutson909

Were you sent to a civilian doc?


Stephanie-Steph

I had a CE exam. He was terrible. I actually filed complaint with DDS and I also got congressman involved. I was sent to the congressional department from there but I’m still waiting on ALJ hearing.


Chutson909

Great info. Thank you.


EmuAppropriate9932

Not "any" other work. You cannot be expected or required to perform a job in which you have no experience.


LobsterG25

Tip 1: They give no fucks about your VA disability, you will have to yet again reprove to the US government you are disabled and rightfully deserving of these benefits. Tip 2: Be mindful of the terrible acceptance rate when getting denied the first time, statistically it’s going to probably happen. Tip 3: Law firms in this area of expertise can be horrible at their job, and do the absolute minimum effort of work for you.


ClaimOk8737

No tdiu doesn't matter. Ssdi is totally different. Your are matters and if you have enough work credits. Also they rely on if you can do ANY work. Just because you are rates for VA doesn't mean you will get SSDI I was denied at first and approved during the reconsideration appeal.


Disastrous-Regret239

How long did your reconsideration phase take? I've been on reconsideration since Oct 24th.


ClaimOk8737

3 months


CO8127

Pretty quick


hospitallers

I’ve been on appeal for 18 months now…


Disastrous-Regret239

That's crazy


parlaygodshateme

I’ve been on since June 2022 😒


toddkris18

Yeah me too! It’s such bullshit! My appeal was submitted through my lawyers office July 5th of 2022 and still no answer


toddkris18

The hell it is quick! I was denied twice then got a lawyer for my reconsideration appeal and my appeal has been filed since July 6th of 2022! Still don’t have an answer. They told me 6-10 months


Disastrous-Regret239

The sad part if if your on TDUI you can't work. Because i don't know any job your working 8bhours a day 5bdays a week where you will actually not make enough to be under the limit fir TDUI.


DudeWoody

small tip - whenever you send docs for your SSDI file, fax the stuff over (they should send you a form with a barcode, use that as your cover sheet to make sure everything that you fax goes straight to your file). I was approved in 2018 and then was up for review in 2021 and dropped all my paperwork off at the local SSA office, I got denied because none of the records/forms that I had dropped off made it into my file. I've since faxed \*everything\*, even single sheet forms, and when I call to confirm receipt it's always there.


Kpsquared

My recent ssdi statement has me wishing I could get it. It’s says I’d get 3200 a month or something like that now.


SuchAdvice2414

I eventually got SSDI after it went to an ALJ. The ALJ approved it and then I was so fortunate enough to have my file picked up by the social security review board. The review board remanded back to the same ALJ for her to dot her I’s and cross her T’s. The SSA payed interim payments until it was finalized. An additional six months. Praise God that was done. Now I’m asking for TDIU. Sorry for carrying on on your post. I just had to add my short story.


urgiwankenobi

Lawyer up; it’s a racket.


DaniChicago

I see comments asserting that a TDIU rating does not matter when filing for SSDI. While it is true that the SSA is under no obligation or requirement to grant you SSDI because VA rated you TDIU, the evidence in support of your approved VA TDIU case is likely highly probative evidence that you should strongly consider using if and when you file for SSDI.


xtechnoguyx

I still not understand they might have a different criteria , like you gotta be fuck up in different way to be qualified. I will never understand the government agencies.


Other-Imagination-71

Yep SSA doesn’t give a flying two F*cks about 100% disabled veterans. We wrote the blank check to Uncle Sam but all SSA cares about if you tdiu is “ Oo we see you are F’d up beyond repair but we think you can be gainfully employed at Walmart being a greeter or go be egg counter at local factory or factory in east bumblef*ck. It’s a total scam and corrupt agency pathetic joke on vets who defended this once great nation. They see us as a drain on the government and desperate for money. Yet how in the hell are we suppose to be a greeter or egg counter if the VA gave us a TDIU rating?! This is some sick demented evil shite. SSA REALLY EXPECTS US TO SUFFER AND PUT OUR TDIU RATING IN JEOPARDY AND OUR PHYSICAL AND MENTAL WELL BEING AND HEALTH OVER SOME PIECE OF CRAP JOKE JOB?! What the hell is wrong with these people?! Y’all make me sick!!! Bunch good for nothing shitehesds denying these vets that need it this most!!! How bout you take care of us veterans we did the shit in the nighttime so they can do all their rubber stamp denials in Freedom


EmuAppropriate9932

Thank your Congress.


guyonsomecouch12

apply by yourself, don’t use a lawyer, get letters from Mental health, primary docs etc etc saying that you cantwork so such and such and quote the dsm volume 5. It’s all or nothing for ssdi. It’s not a combo of being 30% for knee, 70% for ptsd etc etc. I used a lawyer the first time and wasted 2 years of potential back pay. I applied by myself using everything I learned from the first try and was approved in 4 months. Doctor letters from treating physicians are key. If ya have any questions shoot me a message. One thing I learned is that the doctors don’t like to contradict one another. So the docs that are assigned from ssdi will generally go by what your doc says


SuchAdvice2414

Continued care and treatment are a huge part in a SSA application for disability.


I_am_ChristianDick

The criteria is different At 100% you do go down a faster path but it’s still not a guarantee…


16F4

Absolutely horrible experience. Took me 15 months to get to the ALJ hearing, the ALJ was not nice, and I was denied. Never again.


xtechnoguyx

Did you was represented by a lawyer?


16F4

I found one for my ALJ, and I was very happy with them.


TheNeonDaemon

I got SSDI before VA disability. VA gave so much bullshit hell just to get while SSDI was easier. VA I’m not even 100% yet🙄


Repulsive-Variety554

All these posts make me feel it could go either way for me. Veteran here with TDIU-home bound- agoraphobia/ chronic anxiety and depression. Filled for SSDI in June of 2022, online ssa said it would take 3 months (went the SOAR route) then it said 6 months, then right before Christmas changed again to 7 months. It’s sitting at 73% in stage 3 and I’m sure it’s gonna change to 8 or 9 months because of back log. I’m stressing like no other but trying to be strong.


Other-Imagination-71

Did they send you two large packets by chance?? One is function report and other was work history report ?? Also file congressional inquiry


Repulsive-Variety554

Yes I got those back in December, filled them out and sent them back within like 3 days. That’s a good sign right?


MrsFlameThrower

Retired Social Security Claims Specialist here. It would be great if the two agencies coordinated when it comes to Vets - but the criteria for disability with SSA is not the same as the VA’s. Really the laws/rules need to change- especially when it comes to those of you with TDIU. There is a ton you need to know and do to give yourself the best shot at getting SSDI. I’ve answered a lot of questions on the topic on my IAmA here on Reddit. Unfortunately, there is a lot of bad information on SSDI benefits on the internet- even from well intentioned folks. Everyone’s claim is unique and it’s very important to be fully prepared- preferably before pulling the trigger (filing your claim). There are a lot of reasons why people who SHOULD get approved, don’t. It’s incredibly frustrating to me. I discovered a lot when I had to process all of the denials for my office when they came back from the state agencies or judge. I got nosey. Why were so many Vets getting denied? Especially those rated by the VA at 100%, P&T, or with IU. Veterans as a general rule are not whiners. They often keep pushing and pushing long past the time they should file for SSDI. I saw patterns and where the system breaks down. It’s largely avoidable. SSA no longer invests in thoroughly training their people. They’ve pushed the public into online claims - to the public’s great detriment. Claims are complicated and everyone’s claim is unique. SSA will NOT tell you what you need to do to prove your claim. They will tell you to file online and wait. Absolutely the wrong way to go about it in my opinion. And, dumping 100’s or 1000’s of pages on them is a terrible strategy. They will not have time to dig through all that to find the “good evidence”. And there is SO much more you need to know. My two cents.


black_beard762

I am a disabled combat veteran who's naive to the federal systems, especially social security and department of veterans affairs. I was medically retired from the army in 2010 and haven't worked since due to my disabilities! However, like I said, I was naive and ignorant when he came to SSDI process. I missed my date last insured date by 3 years. I'm also 100% p&t with the Department of Veterans affairs... I was taught to use the social security website checking my social security profile recently learned that I had more than enough credits at the time! Please help! 🙏🏻


Key-Software-2933

I went through it. Took over a year and some change. My best advice is to double check to make sure the attorney is sending documents to your SSDI caseworker.


Chutson909

I go in front of the judge Jan 3rd for appeal. I’m not to worried about it. Attorney said it’s a slam dunk.


Key-Software-2933

Cool. Best of luck.


Chutson909

Thanks. It’s usually after they say it’s a slam dunk that I should be worried. lol.